PEOPLE v. TORRES


45 A.D.3d 1054 (2007)

845 N.Y.S.2d 544

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO P. TORRES, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 15, 2007.


Rose, J.

At defendant's jury trial on a charge of burglary in the second degree, Marquis Lanier testified that although he was present when defendant and defendant's nephew broke into the victims' residence to burglarize it, he had attempted to prevent them from doing so and did not himself enter the residence. County Court instructed the jurors to determine whether Lanier was an accomplice and, if he was, whether his testimony was corroborated. The jury found defendant...

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